planning enforcement notice - 411 upminster road south 8 may … · mercury house mercury gardens...

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IMPORTANT - THlS COMMUNICATION AFFECTS YOUR PROPERTY TOWN AND COUNTRY PLANNING ACT 1990 (as amended by the Planning and Compensation Act 1991) ENFORCEMENT NOTICE ISSUED BY: London Borough of Havering (herein after referred to as "the Council") 1. THlS IS A FORMAL NOTICE which is issued by the Council because it appears to the Council that there has been a breach of planning control, under Section 171A (l)(a) of the above Act, at the land described below. They consider that it is expedient to issue this Notice, having regard to the provisions of the development plan and to other material planning considerations. 2. THE LAND AFFECTED Land rear of 411 Upminster Road North Rainham RM13 9SA, showed edged and hatched on the attached plan. 3. THE BREACH OF PLANNING CONTROL ALLEGED Without benefit of planning permission, operational development comprising metal storage container at the rear of the property. 4. REASONS FOR ISSUING THIS NOTICE ( l ) It appears to the Council that the above breach of planning control has occurred "within the last four years" and that steps should be taken to remedy the breach by Section 173 4(a) or to remedy any amenity or injury which has been caused by the breach. (2) The retention of the container would, by reason of its position and proximity to neighbouring residential properties, form a visually intrusive element which would have an adverse effect on the living conditions of adjacent occupiers, contrary to Policy DC61 of the LDF Core Strategy and Development Control Policies DPD. (3) The retention of the container would result in intensification of commercial activity unrelated to businesses on the site and cause disturbance which would have an adverse effect on the living conditions of adjacent occupiers, contrary to Policy DC61 of the LDF Core Strategy and Development Control Policies DPD. (4) The Council does not consider that planning permission should be granted because conditions attached to any consent would not overcome these problems.

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Page 1: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

IMPORTANT - THlS COMMUNICATION AFFECTS YOUR PROPERTY

TOWN AND COUNTRY PLANNING ACT 1990 (as amended by the Planning and Compensation Act 1991)

ENFORCEMENT NOTICE

ISSUED BY: London Borough of Havering (herein after referred to as "the Council")

1. THlS IS A FORMAL NOTICE which is issued by the Council because it appears to the Council that there has been a breach of planning control, under Section 171A (l)(a) of the above Act, at the land described below. They consider that it is expedient to issue this Notice, having regard to the provisions of the development plan and to other material planning considerations.

2. THE LAND AFFECTED

Land rear of 411 Upminster Road North Rainham RM13 9SA, showed edged and hatched on the attached plan.

3. THE BREACH OF PLANNING CONTROL ALLEGED

Without benefit of planning permission, operational development comprising metal storage container at the rear of the property.

4. REASONS FOR ISSUING THIS NOTICE

( l ) It appears to the Council that the above breach of planning control has occurred "within the last four years" and that steps should be taken to remedy the breach by Section 173 4(a) or to remedy any amenity or injury which has been caused by the breach.

(2) The retention of the container would, by reason of its position and proximity to neighbouring residential properties, form a visually intrusive element which would have an adverse effect on the living conditions of adjacent occupiers, contrary to Policy DC61 of the LDF Core Strategy and Development Control Policies DPD.

(3) The retention of the container would result in intensification of commercial activity unrelated to businesses on the site and cause disturbance which would have an adverse effect on the living conditions of adjacent occupiers, contrary to Policy DC61 of the LDF Core Strategy and Development Control Policies DPD.

(4) The Council does not consider that planning permission should be granted because conditions attached to any consent would not overcome these problems.

Page 2: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

5. WHAT YOU ARE REQUIRED TO DO

The Enforcement Notice requires you to, within lmonth:

(1) Remove the unauthorised metal storage container from the rear of the property.

6. WHEN THIS NOTICE TAKES EFFECT

This Notice takes effect on d h ~ u n e 2017, unless an appeal is made against it beforehand

Dated: 8th May 201 7

Authorised Officer on behalf of London Borough of Havering 5th Floor Mercury House Mercury Gardens Romford RMI 3SL

YOUR RIGHT OF APPEAL

You can appeal against this Enforcement Notice to the Secretary of State by the 8th June 2017. Further details are given in the attached explanatory note.

WHAT HAPPENS IF YOU DO NOT APPEAL

If you do not appeal against this Enforcement Notice, it will take effect on dhJune 2017and you must then ensure that the required steps for complying with it, for which you may be held responsible, are taken within the period specified in the Notice.

FAILURE TO COMPLY WITH AN ENFORCEMENT NOTICE WHICH HAS TAKEN EFFECT CAN RESULT IN PROSECUTION ANDlOR REMEDIAL ACTION BY THE COUNCIL.

Page 3: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

EXPLANATORY NOTES

STATUTORY PROVISIONS

A summary of Sections 171A, 171 B and 172 to 177 of the Town and Country Planning Act 1990 (as amended) is enclosed with this Notice.

YOUR RIGHT OF APPEAL

You can appeal against this Notice, but any appeal must be in writing and received, or posted (with the postage paid and properly addressed) in time to be received in the ordinary course of the post, by the Secretary of State before gthJune 2017

If you intend to appeal against this Notice you should follow the instructions given on the information sheet from the Planning Inspectorate which accompanies this Notice.

GROUNDS OF APPEAL

The grounds of appeal are set out in Section 174 of the Town and Country Planning Act 1990 (as amended) you may appeal on one or more of the following grounds:-

(a) that, in respect of any breach of planning control which may be constituted by the matters stated in the Notice, planning permission ought to be granted, as the case may be, the condition or limitation concerned ought to be discharged;

(b) that those matters have not occurred; (c) that those matters (if they occurred) do not constitute a breach of

planning control; (d) that, at the date when the notice was issued, no enforcement action

could be taken in respect of any breach of planning control which may be constituted by those matters;

(e) that copies of the Enforcement Notice were not served as required by section 172;

(f) that steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

(g) that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed.

Not all these grounds may be relevant to you.

PLANNING APPLICATION FEE

Should wish to appeal on ground (a) -that planning permission should be granted for the unauthorised development - then a fee of E195 is payable both to the Secretary of State and to the Council, making the total fees payable £390. If the fees are not paid then that ground of appeal will not be valid.

Page 4: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

STATEMENT ON GROUNDS OF APPEAL

You must submit to the Secretary of State, either when giving notice of appeal or within 14 days from the date on which the Secretary of State sends him a notice so requiring, a statement in writing specifying the grounds on which you are appealing against the Enforcement Notice and stating briefly the facts on which you propose to rely in support of each of those grounds.

RECIPIENTS OF THE ENFORCEMENT NOTICE

The names and addresses of all the persons on whom the Enforcement Notice has been served are:

(1) Mr Peter Assenheim 14 Ardleigh Green Road Hornchurch RMI 1 2LW

(2) The Owner 41 1 Upminster Road North Rainham RM13 9SA

(3) The Occupier 411 Upminster Road North Rainham RMI 3 9SA

Page 5: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

41t Upminster Road North Rainham RM13 9SA

Scale: 1:650 0

, ,,., STREET ~ r = n . d p ~ . n ~ ~ r Date: 02 May 2017 A * A b --,. "~.sT,ssm.ar-

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London Borough of Havering O Crown copyright and database rights 2017 T ~ ~ ~ . M a i n R o a d$+ Haverinq Rb&id RM1 380 Ordnance Survey 100024327

,.. L O N D O M m o m o u m , , T* d s 434343

Page 6: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

IMPORTANT- THlS COMMUNICATION AFFECTS YOUR PROPERTY

TOWN AND COUNTRY PLANNING ACT 1990 (as amended by the Planning and Compensation Act 1991)

ENFORCEMENT NOTICE

ISSUED BY: London Borough of Havering (herein after referred to as "the Council")

1. THlS IS A FORMAL NOTICE which is issued by the Council because it appears to the Council that there has been a breach of planning control, under Section 171A (l)(a) of the above Act, at the land described below. They consider that it is expedient to issue this Notice, having regard to the provisions of the development plan and to other material planning considerations.

2. THE LAND AFFECTED

Land rear of 411 Upminster Road North Rainham RM13 9SA, showed edged and hatched on the attached plan.

3. THE BREACH OF PLANNING CONTROL ALLEGED

Without benefit of planning permission, operational development comprising metal storage container at the rear of the property.

4. REASONS FOR ISSUING THlS NOTICE

(1) It appears to the Council that the above breach of planning control has occurred "within the last four years" and that steps should be taken to remedy the breach by Section 173 4(a) or to remedy any amenity or injury which has been caused by the breach.

(2) The retention of the container would, by reason of its positlon and proximity to ne~ghbour~ngresidential properties, form a visually intrusive element which would have an adverse effect on the living conditions of adjacent occupiers, contrary to Pollcy DC61 of the LDF Core Strategy and Development Control Policies DPD

(3) The retention of the container would result in intens~fication of commercial actlvity unrelated to businesses on the site and cause disturbance which would have an adverse effect on the living conditions of adjacent occupiers, contrary to Policy DC61 of the LDF Core Strategy and Development Control Policies DPD.

(4) The Council does not consider that planning permission should be granted because conditions attached to any consent would not overcome these problems.

Page 7: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

5. WHAT YOU ARE REQUIRED TO DO

The Enforcement Notice requires you to, within 1 month:

(1) Remove the unauthorised metal storage container from the rear of the property.

6. WHEN THIS NOTICE TAKES EFFECT

This Notice takes effect on 8'h~une 2017, unless an appeal is made against it beforehand

Dated: athMay 201 7

Signed:)&PJd &hf. Authorised Officer on behalf of London Borough of Havering 5'h Floor Mercury House Mercury Gardens Romford RMI 3SL

YOUR RIGHT OF APPEAL

You can appeal against this Enforcement Notice to the Secretary of State by the dh June 2017. Further details are given in the attached explanatory note.

WHAT HAPPENS IF YOU D 0 NOT APPEAL

If you do not appeal against this Enforcement Notice, it will take effect on 8'h June 2017and you must then ensure that the required steps for complying with it, for which you may be held responsible, are taken within the period specified in the Notice.

FAILURE TO COMPLY WITH AN ENFORCEMENT NOTICE WHICH HAS TAKEN EFFECT CAN RESULT IN PROSECUTION ANDlOR REMEDIAL ACTION BY THE COUNCIL.

Page 8: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

EXPLANATORY NOTES

STATUTORY PROVISIONS

A summary of Sections 171A, 171B and 172 to 177 of the Town and Country Planning Act 1990 (as amended) is enclosed with this Notice.

YOUR RIGHT OF APPEAL

You can appeal against this Notice, but any appeal must be in writing and received, or posted (with the postage paid and properly addressed) in time to be received in the ordinary course of the post, by the Secretary of State before athJune 2017

If you intend to appeal against this Notice you should follow the instructions given on the information sheet from the Planning Inspectorate which accompanies this Notice.

GROUNDS OF APPEAL

The grounds of appeal are set out in Section 174 of the Town and Country Planning Act 1990 (as amended) you may appeal on one or more of the following grounds:-

(a) that, in respect of any breach of planning control which may be constituted by the matters stated in the Notice, planning permission ought to be granted, as the case may be, the condition or limitation concerned ought to be discharged;

(b) that those matters have not occurred; (c) that those matters (if they occurred) do not constitute a breach of

planning control; (d) that, at the date when the notice was issued, no enforcement action

could be taken in respect of any breach of planning control which may be constituted by those matters;

(e) that copies of the Enforcement Notice were not served as required by section 172;

(f) that steps required by the notice to be taken, or the actlv~ties required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

(g) that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed

Not all these grounds may be relevant to you.

PLANNING APPLICATION FEE

Should wish to appeal on ground (a) - that planning permission should be granted for the unauthorised development - then a fee of E195 is payable both to the Secretary of State and to the Council, making the total fees payable £390. If the fees are not paid then that ground of appeal will not be valid.

Page 9: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

STATEMENT ON GROUNDS OF APPEAL

You must submit to the Secretary of State, either when giving notice of appeal or within 14 days from the date on which the Secretary of State sends him a notice so requiring, a statement in writing specifying the grounds on which you are appealing against the Enforcement Notice and stating briefly the facts on which you propose to rely in support of each of those grounds.

RECIPIENTS OF THE ENFORCEMENT NOTICE

The names and addresses of all the persons on whom the Enforcement Notice has been served are.

(1) Mr Peter Assenheim 14 Ardleigh Green Road Hornchurch RM11 2LW

(2) The Owner 41 1 Upminster Road North Rainham RM13 9SA

(3) The Occupier 41 1 Upminster Road North Rainham RMI 3 9SA

Page 10: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

411 Upminster Road North Rainham RM13 9SA

LIrCIMnC" Scale: 1:G50 o 'IIP,-yn l ~ s !H Date: 02 May 2017 1

Z!? <, .*A,~,,>" E,xEE7 1 0 , r d

GPHaverinq London Borough of klavering @Crowncopyright and database rights 2017 Town Hall. Main Road Ordnance Survey 100024327Romford, RMI 3BD

L ~ ~ ~ , , ,0 2 , ~ b : # Tel: 01708 434343

Page 11: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

IMPORTANT - THlS COMMUNICATION AFFECTS YOUR PROPERTY

TOWN AND COUNTRY PLANNING ACT 1990 (as amended by the Planning and Compensation Act 1991)

ENFORCEMENT NOTICE

ISSUED BY: London Borough of Havering (herein after referred to as "the Council")

1. THlS IS A FORMAL NOTICE which is issued by the Council because it appears to the Council that there has been a breach of planning control, under Section 171A (l)(a) of the above Act, at the land described below. They consider that it is expedient to issue this Notice, having regard to the provisions of the development plan and to other material planning considerations.

2. THELANDAFFECTED

Land rear of 41 1 Upminster Road North Rainham RM13 9SA, showed edged and hatched on the attached plan.

3. THE BREACH OF PLANNING CONTROL ALLEGED

Without benefit of planning permission, operational development comprising metal storage container at the rear of the property.

4. REASONS FOR ISSUING THlS NOTICE

( l)It appears to the Council that the above breach of planning control has occurred "within the last four years" and that steps should be taken to remedy the breach by Section 173 4(a) or to remedy any amen~tyor injury which has been caused by the breach.

(2) The retention of the container would, by reason of its position and proximity to neighbouring residential properties, form a visually intrusive element which would have an adverse effect on the living conditions of adjacent occupiers, contrary to Policy DC61 of the LDF Core Strategy and Development Control Policies DPD.

(3) The retention of the container would resuk in intensification of commercial actlvity unrelated to businesses on the site and cause disturbance which would have an adverse effect on the living conditions of adjacent occupiers, contrary to Policy DC61 of the LDF Core Strategy and Development Control Policies DPD.

(4) The Council does not consider that planning permission should be granted because conditions attached to any consent would not overcome these problems.

Page 12: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

5. WHAT YOU ARE REQUIRED TO DO

The Enforcement Notice requires you to, within 1month:

(1) Remove the unauthorised metal storage container from the rear of the property.

6. WHEN THIS NOTICE TAKES EFFECT

This Notice takes effect on 8"~une 2017, unless an appeal is made against it beforehand

Dated: 8" May 2017

Signed:pcU. Authorised Officer on behalf of London Borough of Havering 5'h Floor Mercury House Mercury Gardens Romford RMI 3SL

YOUR RIGHT OF APPEAL

You can appeal against this Enforcement Notice to the Secretary of State by the ath June 2017. Further details are given in the attached explanatory note.

WHAT HAPPENS IF YOU DO NOT APPEAL

If you do not appeal against this Enforcement Notice, it will take effect on athJune 2017and you must then ensure that the required steps for complying with it, for which you may be held responsible, are taken within the period specified in the Notice.

FAILURE TO COMPLY WITH AN ENFORCEMENT NOTICE WHICH HAS TAKEN EFFECT CAN RESULT IN PROSECUTION ANDIOR REMEDIAL ACTION BY THE COUNCIL.

Page 13: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

STATUTORY PROVISIONS

A summary of Sections 171A, 1718 and 172 to 177 of the Town and Country Planning Act 1990 (as amended) is enclosed with this Notice.

YOUR RIGHT OF APPEAL

You can appeal against this Notice, but any appeal must be in writing and rece~ved, or posted (with the postage paid and properly addressed) in time to be received in the ordinary course of the post, by the Secretary of State before June 2017

If you intend to appeal against this Notice you should follow the instructions given on the information sheet from the Planning Inspectorate which accompanies this Notice.

GROUNDS OF APPEAL

The grounds of appeal are set out in Section 174 of the Town and Country Planning Act 1990 (as amended) you may appeal on one or more of the following grounds:-

(a) that, in respect of any breach of planning control which may be constituted by the matters stated in the Notice, planning permission ought to be granted, as the case may be, the condition or limitation concerned ought to be discharged;

(b) that those matters have not occurred; (c) that those matters (if they occurred) do not constitute a breach of

planning control; (d) that, at the date when the notice was issued, no enforcement action

could be taken in respect of any breach of planning control which may be constituted by those matters;

(e) that copies of the Enforcement Notice were not sewed as required by section 172;

(f) that steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach;

(g) that any period specified in the notice in accordance with section 173(9) falls short of what should reasonably be allowed

Not all these grounds may be relevant to you.

PLANNING APPLICATION FEE

Should wish to appeal on ground (a) - that planning permission should be granted for the unauthorised development - then a fee of E195 IS payable both to the Secretary of State and to the Council, making the total fees payable £390. If the fees are not paid then that ground of appeal will not be valid.

Page 14: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

STATEMENT ON GROUNDS OF APPEAL

You must submit to the Secretary of State, either when giving notice of appeal or within 14 days from the date on which the Secretary of State sends him a notice so requiring, a statement in writing specifying the grounds on which you are appealing against the Enforcement Notice and stating briefly the facts on which you propose to rely in support of each of those grounds.

RECIPIENTS OF THE ENFORCEMENT NOTICE

The names and addresses of all the persons on whom the Enforcement Notice has been sewed are:

(1) Mr Peter Assenheim 14 Ardleigh Green Road Hornchurch RMI 1 2LW

(2) The Owner 41 1 Upminster Road North Rainham RMI 3 9SA

(3) The Occupier 41 1 Upminster Road North Rainham RMI 3 9SA

Page 15: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

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411 Upminster Road North Rainham RM13 9SA

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London Borough of Havering @Crown copyright and database rights 2017 $?p Haverinq Town Hall. Main Road Ordnance Survey 100024327

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Page 16: Planning enforcement notice - 411 Upminster Road South 8 May … · Mercury House Mercury Gardens Romford RMI 3SL YOUR RIGHT OF APPEAL You can appeal against this Enforcement Notice

CST Room 3/13 Direct Line 0303-444 5000

Temple Quay House Email [email protected]

2 The Square

Temple Quay

Bristol BSI 6PN

THIS IS IMPORTANT

If you want to appeal against this enforcement notice you can do it:-

on-line at the Appeals Casework Portalhttps://acp.planninginspectorate.gov.uk/ or

sending us enforcement appeal forms, which can beobtained by contacting us on the details above.

You MUST make sure that we receive your appeal before the effective date on the enforcement notice.

Please read the appeal guidance documents at https://www.gov.uk/appeal-enforcement-notice/how-to-appeal

In exceptional circumstances you may give notice of appeal by fax or letter. You should include:-

the name of the local planning authority; the site address; the effective date of the enforcement notice.

We MUST receive this BEFORE the effective date on the enforcement notice. This should immediately be followed by your completed appeal forms.